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THE LAW REFORM COMMISSION OF HONG KONG - page 354 / 360

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Appointment of a guardian

8.The recommended draft section on the appointment of a guardian based on section 5(5) of the Children Act 1989 will provide:

“(5)An appointment under subsection (3) or (4) shall not have effect unless it is made in writing, is dated and is signed by the person making the appointment or:

(a)in the case of an appointment made by a will which is not signed by the testator, is signed at the direction of the testator in accordance with the requirements of section 9 of the Wills Act 1837; or

(b)in any other case, is signed at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature.”

Court appointment of guardian

9.The recommended draft section on the court appointment of a guardian based on section 5(1) of the Children Act 1989 will provide:

“(1)Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if:

(a)the child has no parent with parental responsibility for him; or

(b)a residence order has been made with respect to the child in favour of a parent or guardian of his who has died while the order was in force; or

(c)the child was residing with a parent or guardian of his who has died.”

Definition of residence order

10.The recommended draft section on the definition of a residence order based on section 8(1) of the Children Act 1989 will provide:

“In this Ordinance:

a residence order is an order settling the arrangements as to the person with whom a child is to live and who has the day-to-day care and best interests of the child.”

Definition of contact order

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